What is the penalty for violating state firearm laws?
Under South Carolina state law, the possible penalties for having a firearm or ammunition in violation of the state’s laws that prohibit certain people from having a firearm or ammunition are as follows:
- It can be a misdemeanor, punishable by up to 30 days in jail, a fine of up to $500, or both, if the abuser has a firearm while there is an order of protection against him/her;
- It can be a misdemeanor, punishable by up to three years in prison, a fine of up to $1,000, or both, if the abuser has a firearm after being convicted of domestic violence in the second degree or domestic violence in the third degree as long as and the judge made the specific determinations explained here; and
- It can be a felony, punishable by up to five years in prison, a fine of up to $2,000, or both, if the abuser has a firearm after being convicted of domestic violence in the first degree or domestic violence of a high and aggravated nature.1
In addition, anyone who has or buys a handgun in violation of the state’s laws that prohibit certain people from having handguns can be guilty of a felony. The punishment can be imprisonment of up to five years, a fine of up to $2,000, or both.2
1 S.C. Code § 16-25-30(B)
2 S.C. Code § 16-23-50(A)(1)